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Paternity Test Guidelines: What If He Refuses?

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Every part of your relationship with this man has been a struggle… so why should this be any different? You know he’s the father of your baby, but he’s refusing a paternity test, and any of the parental obligations that would go with a positive result. Is there a set of legal paternity test guidelines?

What do you do now? Can you force him to take the test? This isn’t the answer you want to hear, but it’s a “yes and no.”

This isn’t a reality show. There’s no set of special steps you need to follow to convince your ex to take the paternity test, and get a steadfast ruling that they’re the father, and legally obligated to help take care of this child. It’s not that simple.

Can The Test Legally Determine Fathership? Yes

The courts do respect the reliability of the test. Yes, the results can be submitted to the court as evidence to prove paternity in a civil proceeding. However, the results could backfire if the test shows the man is not the father. You’re now bound to that outcome, as well.

But there is no act, charter, or law in place that says they have to take the test.

However…

Is Refusing to Take the Test an Admission That You’re the Father? Maybe

Just like the courts are free to accept the paternity results as evidence to draw their own conclusion, they’re free to do the same with a refusal to take the test.

This is NOT an automatic admission of guilt or an act of forfeiting your rights to contest the fathership of this child. But the courts CAN order him to take the test, in some cases. And if he refuses, that obviously is seen as uncooperative, and generally does not look good for their case.

It’s not an admission of guilt. But the courts are free to interpret the lack of cooperation or compliance however they want.

Paternity Test Guidelines: What if the Mother Refuses the Test

Of course, it does happen the other way around. The mother wants to freeze the could-be father out of the child’s future. It could be from abuse, or simply a toxic relationship.

The father may demand the test to:

Prove he is the father and he has legal rights, or

Use this as a step towards getting sole custody because he feels the mother is unfit, or

Both

If this is the case, the could-be father is encouraged to seek a family lawyer as quickly as possible to explore all of his options and protect his rights.

This Can be Complicated. So Get Legal Help

As we said, there is no steadfast rule to govern all paternity test cases in Canada. Nor is there a simple form you print off and fill out to order a test. Make sure you work with a team of legal experts to ensure a favorable outcome.

Fine & Associates Professional Corporation is a well-respected Toronto Law Firm that prides itself on providing quality personal service and favourable outcomes in Family Law and Divorce Law.

You can click here to contact us, or fill out the form on the right free private phone consultation. Or call us at the phone number at the top of the page.